The RTI framework

The Right to Information Act, 2005 is a transparency statute giving citizens the right to seek information from public authorities. Application is filed under Section 6 with the Public Information Officer (PIO). PIO must respond in 30 days (48 hours for life and liberty matters under Section 7(1) proviso). Fees: ₹10 for application; ₹2 per page of copy; nil for BPL applicants and below 200 pages for ordinary citizens.

Exemptions under Section 8

Public authorities frequently invoke Section 8 exemptions — national security, foreign relations, contempt of court, parliamentary privilege, commercial confidence, fiduciary information, personal information (the most disputed), cabinet papers, etc. The Supreme Court in CBSE v. Aditya Bandopadhyay (2011) gave a restrictive reading; in Girish Ramchandra Deshpande (2012) gave a wide reading of personal-information exemption. Section 8(2) — public interest override — is key.

Appeals when PIO denies or delays

First appeal under Section 19(1) to the First Appellate Authority (FAA) within 30 days. Decision in 30 days (extendable to 45). Second appeal under Section 19(3) to the Rajasthan State Information Commission (or CIC for central bodies) within 90 days. SIC/CIC can impose penalty of ₹250/day (max ₹25,000) on the PIO under Section 20 for delay or malicious denial.

Common RTI matters we handle

Police inaction / non-registration of FIR; pending applications with municipal, revenue and tehsildar offices; selection/recruitment process irregularities; property mutation status; PF settlement delays; tender and award details; suspension/disciplinary action records; complaint and inquiry status; expenditure of grants; school/college admission details; and information for legal proceedings.

Strategic use of RTI in litigation

RTI is powerful pre-litigation discovery. Information obtained is admissible as a public document under Section 74 of the Bharatiya Sakshya Adhiniyam, 2023 (earlier Section 74 Evidence Act). We routinely use RTI to obtain (i) noting and file-records in administrative challenges; (ii) inspection of public records before suits against State entities; (iii) baseline data for PILs; (iv) status of complaints before second-appeal stage.